| Terms & Conditions - Disclaimer of Warranties & Limitation of Liability |
| 1.1 THE INFORMATION CONTAINED ON THE WEWI WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED TO MEET ANY PARTICULAR USER’S NEED. DOCUMENTS PROVIDED ON THE WEWI WEBSITE ARE PROVIDED AS A SERVICE ONLY, AND DO NOT CONSTITUTE OFFICIAL VERSIONS OF SUCH DOCUMENTS. THE WEWI WEBSITE, AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH THE ROGERS STORE, ARE PROVIDED ON AN "AS IS" BASIS. WeWi, ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE WEWI WEBSITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEWI WEBSITE. neither WeWi NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKES any representations or warranties as to the accuracy, TIMELINESS, reliability, TRUTHFULNESS OR completeness OF THE WEWI WEBSITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEWI WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE contents of any content, information, material, OR posting found on the Rogers Store (INCLUDING, BUT NOT LIMITED TO, ANY PRESS RELEASES OR FINANCIAL INFORMATION), any Services provided through the WeWi Website, or any links to other sites made available on the WeWi Website OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE INTERNET OR THE ROGERS STORE. NEITHER WeWi NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE WEWI WEBSITE OR ACCESS TO AND USE OF THE WEWI WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. You expressly agree that use of the WeWi Website Is at your sole risk. |
| 1.2 INFORMATION PROVIDED ON THE WEWI WEBSITE MAY CONTAIN REFERENCES OR CROSS REFERENCES TO WeWi, ITS AFFILIATES AND RELATED COMPANIES’ PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN YOUR LOCAL AREA AND WeWi, ITS AFFILIATES AND RELATED COMPANIES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE AVAILABILITY OF SUCH PRODUCTS AND SERVICES IN YOUR LOCAL AREA AND SUCH REFERENCES DO NOT IMPLY THAT WeWi, ITS AFFILIATES AND RELATED COMPANIES INTEND TO PROVIDE SUCH PRODUCTS OR SERVICES IN YOUR LOCAL AREA. WeWi RECOMMENDS THAT YOU CONSULT WITH YOUR NEAREST WeWi BUSINESS OFFICE FOR INFORMATION REGARDING THE PRODUCTS AND SERVICES WHICH MAY BE AVAILABLE TO YOU IN YOUR LOCAL AREA. WEB SITES ACCESSED VIA LINKS OR OTHER MEANS FROM THE WEWI WEBSITE HAVE, UNLESS OTHERWISE INDICATED, BEEN INDEPENDENTLY DEVELOPED BY THIRD PARTIES. THE INCLUSION OF ANY INFORMATION, MATERIAL, CONTENT OR LINKS ON THE WEWI WEBSITE SHOULD NOT BE CONSTRUED AS AN EXPRESS NOR AN IMPLIED ENDORSEMENT OF ANY THIRD PARTY PRODUCTS OR SERVICES. |
| 1.3 Under no circumstances, including, but not limited to, negligence, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH shall WeWi or ITS affiliates AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, employees, CONSULTANTS AND AGENTS be liable for any DIRECT, indirect, incidental, special or consequential damages OR ANY LOSS that result from the use of, or the inability to use, any content, information, material, OR postings on the WeWi Website, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither Rogers nor ITS affiliates AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, employees, CONSULTANTS AND AGENTS shall be liable for any defamatory, offensive or illegal conduct of any user, including you. |
| 2. Indemnification |
| To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless WeWi, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of the Terms and Conditions; or (ii) your use of the WeWi Website, the content contained in the WeWi Website and the placement or transmission of any information or other materials on the WeWi Website made by you or others using your account. You agree to promptly notify WeWi immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. WeWi reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim. |
| 3. Miscellaneous Terms |
| Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as WeWi may determine in any and all actions, disputes, or controversies relating hereto. The Terms and Conditions and any rules, policies, guidelines or other agreements posted on the WeWi Website by WeWi Telecommunications Inc. constitute the entire agreement between WeWi and you with respect to your use of the WeWi Website. Notwithstanding the foregoing, any products or services which you purchase through the WeWi Website shall be subject to all terms and conditions relating to such purchase provided to you from time to time including, without limitation, all terms and conditions posted on the WeWi Website and all terms and conditions delivered to you (in any manner or form) in connection with any products or services purchased. No waiver by either WeWi or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. |
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